I wonder whether my phone provider can legally upgrade my phone's operating system without my consent.

I am most interested in the United States, especially California and Massachusetts.

  • 1
    Are you sure that you didn't consent? For instance, the agreement you signed when buying the phone / subscribing to phone service may have included a clause saying that they can push updates. – Nate Eldredge Jan 9 '16 at 18:59
  • 1
    @NateEldredge I bought the phone separately from the phone contract. However, the phone is still an "AT&T" phone (the provider in question) as AT&T uses specific frequences: the Android is customized by AT&T. – Franck Dernoncourt Jan 9 '16 at 19:11
  • No, it wouldn't be legal, so the phone company won't do that. However, if they upgrade your phone OS without asking you for consent, it is most most likely that you consented at some point in the past, possibly without realising. – gnasher729 Jan 10 '16 at 0:28

No, they can't legally update it without your consent.

(This includes consent in the form of a document you agreed to such as usage documents by AT&T, as well as the stuff Google has you accept before you use their property (like the Android OS, for example).)

A Property Owner's Rights for Dummies
Property Concepts (Internet Encyclopedia of Philosophy)
Personal property (Wikipedia)

  • Any sources...? – Cullub Jan 9 '16 at 23:29
  • How 'bout some links? :) – Cullub Jan 9 '16 at 23:39
  • I'm guessing people won't vote to delete this if you remove the comment links into the main answer – Pat W. Jan 10 '16 at 0:25
  • I edited it with the links and expanded the answer. It hasn't gone through the queue yet at the time of writing this, but it should be out shortly :) – Cullub Jan 10 '16 at 1:25

You entered into a license with the phone OS provider when you started using the phone. They can do whatever it says.


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